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HomeMy WebLinkAboutLitigation Guarantee 902-243-004 ESTATES OF MOAFile Number: 2026-2-69238 6328 WA Litigation Guarantee WA LITIGATION GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY a corporation, herein called the Company Guarantee No.:G-6328-000027738 Liability:$100,000.00 Fee:$ 583.00 Order No.:2026-2-69238 Dated:July 17, 2026 SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. GUARANTEES Jefferson County Treasurer herein called the Assured,against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,according to the public records,on the date stated below, 1.The title to the herein described land was vested in the vestee named,subject to the matters shown as Exceptions herein,which Exceptions are not necessarily shown in the order of priority; All subject,however,to the exclusions from coverage,the limits of liability and the other provisions of the Conditions and Stipulations hereto annexed and made a part of the Guarantee. Signed under seal for the Company,but this Guarantee is to be valid only when it bears an authorized countersignature. Countersigned by: Authorized Countersignature Aegis Land Title Group Company Name 10356 Silverdale Way NW, Suite 100 PO Box 100 Silverdale, WA 98383 City, State File Number: 2026-2-69238 6328 WA Litigation Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1.Definition of Terms –The following terms when used in this Guarantee mean: (a)"land":the land described,specifically or by reference,in this Guarantee and improvements affixed thereto which by law constitute real property; (b)"public records":those records which impart constructive notice of matters relating to said land; (c)"date":the effective date; (d)"the Assured":the party or parties named as the Assured in this Guarantee,or in a supplemental writing executed by the Company; (e)"mortgage":mortgage,deed of trust,trust deed,or other security instrument. 2.Exclusions from Coverage of this Guarantee –The Company assumes no liability for loss or damage by reason of the following: (a)Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b)Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. (c)Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee,or title to streets,roads, avenues,lanes,ways or waterways on which such land abuts,or the right to maintain therein vaults,tunnels,ramps or any other structure or improvement;or any rights or easements therein unless such property,rights or easements are expressly and specifically set forth in said description. (d)Defects,liens,encumbrances,adverse claims against the title as guaranteed or other matters (1)created,suffered,assumed or agreed to by one or more of the Assured;or (2)resulting in no loss to the Assured. 3.Prosecution of Actions – (a)The Company shall have the right,at its own cost,to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed;and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision thereof. (b)In all cases where the Company does so institute and prosecute any action or proceeding,the Assured shall permit the Company to use,at its option,the name of the Assured for such purpose.Whenever requested by the Company,the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding,and the Company shall reimburse the Assured for any expense so incurred. 4.Notice of Loss -Limitation of Action –A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined,and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished,and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period.Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified,shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5.Options to Pay,Settle or Compromise Claims –The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee,or to pay the full amount of this Guarantee or,if this Guarantee is issued for the benefit of a holder of a mortgage,the Company shall have the option to purchase the indebtedness secured by said mortgage.Such purchase,payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness,the owner of the indebtedness shall transfer and assign said indebtedness and the mortgage to the Company upon payment of the purchase price. 6.Limitation of Liability –Payment of Loss – (a)The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth,but in no event shall such liability exceed the amount of liability stated on the face page thereof. (b)The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured,and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. (c)No claim for damages shall arise or be maintainable under this Guarantee (1)if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect,lien or encumbrance within a reasonable time after receipt of such notice,or (2)for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d)All payments under this Guarantee,except for attorneys'fees as provided for in paragraph 6(b)hereof,shall reduce the amount of the liability hereunder pro tanto,and no payment shall be made without producing this Guarantee for endorsement of such payment unless the guarantee has been lost or destroyed,in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (e)When liability has been definitely fixed in accordance with the conditions of this Guarantee,the loss or damage shall be payable within thirty days thereafter. 7.Subrogation Upon Payment or Settlement –Whenever the Company shall have settled a claim under this Guarantee,all right of subrogation shall vest in the Company unaffected by any act of the Assured,and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued.If the payment does not cover the loss of the Assured,the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss.The Assured if requested by the Company,shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation,and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8.Guarantee Entire Contract –Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition to this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President,a Vice President,the Secretary,an Assistant Secretary or other validating officer of the Company. 9.Notices,Where Sent –All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O.Box 2029,Houston,Texas 77252-2029. 10.The fee specified on the face of this Guarantee is the total fee for title search and examination and for this Guarantee. WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 1 of 6 Order No. 2026-2-69238 LITIGATION GUARANTEE Issued by STEWART TITLE GUARANTY COMPANY a corporation, herein called the Company SCHEDULE A Prepared by: Aegis Land Title Group, 1141422 Order Number: 2026-2-69238 Guarantee No.: 000027738 Date of Guarantee: July 17, 2026 Premium: $583.00 Amount of Liability: $100,000.00 Sales Tax: $53.64 Total: $ 1. Name of Assured: Jefferson County Treasurer 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: Fee Simple 3. Title to said estate or interest at the date hereof is vested in: The Estates of Walter A. Moa, Sr. and Edna C. Moa, deceased, Walter A. Moa, Jr. and Janet Moa Smith, Personal Representatives 4. The land referred to in this Guarantee is situated in the State of Washington, County of Jefferson and is described as follows: See attached Exhibit “A”. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 2 of 6 Order No. 2026-2-69238 SCHEDULE B Order Number: 2026-2-69238 Guarantee No.: 000027738 GENERAL EXCEPTIONS FROM COVERAGE End of General Exceptions NOTE: Attention is called to the Military Reservist Relief Act of 1991 (sec. 800 to 810, Military and Veterans Code), and the Servicemembers Civil Relief Act of 2003 (50 U.S.C. Appendix, seq. 501 et seq) which replaces Soldiers’ and Sailors’ Civil Relief Act of 1940 and amendments thereto, which contain inhibitions against the sale of land under a Deed of Trust if the owner is entitled to the benefits of said acts. Also, federal law may require a judicial foreclosure, subject to applicable redemption rights, to cut off a junior United States judgment. NOTE: Attention is called to the Federal Tax Lien Act of 1966 (Public Law 89-719) which, among other things, provides for the giving of written notice of sale in a specified manner to the Secretary of Treasury or his or her delegate as a requirement for the discharge or divestment of a Federal Tax Lien in a nonjudicial sale, and establishes with respect to such lien a right in the United States to redeem the property within a period of 120 days from the date of any such sale. WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 3 of 6 Order No. 2026-2-69238 SCHEDULE C Order Number: 2026-2-69238 Guarantee No.: 000027738 SPECIAL EXCEPTIONS: 1.Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records. 2.Easement and the terms and conditions thereof: Grantee: Public Utility District No. 1 of Clallam County Purpose: Electric transmission and distribution line or system Affects: portion of said premises Recorded on October 13, 1958 as Instrument #161982 in the official records of Jefferson County 3.Matters delineated, described and noted on survey recorded on October 12, 1988 as Instrument #317548 in Book 9, Page 171 in the official records of Jefferson County 4.Matters delineated, described and noted on survey recorded on July 23, 2002 as Instrument #458103 in Book 24, Page 151 in the official records of Jefferson County 5.Matters delineated, described and noted on survey recorded on August 7, 2002 as Instrument #458702 in Book 24, Page 164 in the official records of Jefferson County 6.Application for Water Service Connection and the terms and conditions thereof: Recorded on August 6, 2013 as Instrument #578147 in the official records of Jefferson County 7.Agreement and the terms and conditions thereof: Recorded on August 8, 2014 as Instrument #585471 in the official records of Jefferson County Amendment and/or modification recorded on October 27, 2014 as Instrument #587075 in the official records of Jefferson County 8.Agreement and the terms and conditions thereof: Recorded on August 8, 2014 as Instrument #585472 in the official records of Jefferson County Amendment and/or modification recorded on October 27, 2014 as Instrument #587074 in the official records of Jefferson County 9.General taxes Unpaid and Delinquent: Year: 2023 Amount Billed: $1,556.08 Amount Paid: $0.00 Amount Due: $1,556.08, plus interest and penalty Tax Account No.: 902243004 PID: 22769 10.General taxes Unpaid and Delinquent: Year: 2024 Amount Billed: $1,254.28 Amount Paid: $0.00 Amount Due: $1,254.28, plus interest and penalty Tax Account No.: 902243004 PID: 22769 WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 4 of 6 Order No. 2026-2-69238 11.General taxes Unpaid and Delinquent: Year: 2025 Amount Billed: $1,319.03 Amount Paid: $0.00 Amount Due: $1,319.03, plus interest and penalty Tax Account No.: 902243004 PID: 22769 12.General taxes Unpaid and Delinquent: Year: 2026 Amount Billed: $1,309.37 Amount Paid: $0.00 Amount Due: $1,309.37, plus interest and penalty Tax Account No.: 902243004 PID: 22769 Levy Code: 0103 Property Code: 91 Total Assessed Value: $171,823.00 13.Please be advised that our search did not disclose any open deeds of trust of record. End of Special Exception WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 5 of 6 Order No. 2026-2-69238 Order Number: 2026-2-69238 Guarantee No.: 000027738 INFORMATIONAL NOTES 1. NOTE: We find no pertinent matters filed or recorded against The Estates of Walter A. Moa, Sr. and Edna C. Moa, as of the effective date of this commitment. 2. NOTE: Necessary parties to be made defendants in an action to be brought by the Assured are as follows: Parties in possession. Walter Moa Jr. & Janet Moa Smith 154 Highway 20 Port Townsend, WA 98368 3. NOTE: No search of the records of the United States Bankruptcy Court has been made. 4. NOTE: Vesting for this guarantee is derived by Statutory Warranty Deed, being recorded on August 6, 2013 as Instrument #578146 in the official records of Jefferson County 5. NOTE: Title is currently held in the Estates of Walter A. Moa and Edna C. Moa, both deceased. Jefferson County Probate Case No. 84-4-00076-3 has not subsequently been completed and remains an open case. WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 6 of 6 Order No. 2026-2-69238 EXHIBIT A Order Number: 2026-2-69238 Guarantee No.: 000027738 PROPERTY DESCRIPTION: That portion of the following described tract of land lying Southerly of State Highway, SR 20: Beginning 852.5 feet East of the Southwest corner of the John E. Burns Donation Claim in Section 24, Township 29 North, Range 2 West, W.M., in Jefferson County, Washington; Thence North to the Southerly line of the right of way of the Port Townsend Southern Railroad; Thence Easterly, along said Southerly line, to the West line of the Tax No. 20, as described in Deed recorded in Volume 89 of Deeds, page 62; Thence South to the South line of said Donation Claim; Thence West to the point of beginning; EXCEPT that portion conveyed to the State of Washington for State Highway by deed recorded May 1, 1925 in Volume 1 of Road Waivers on page 313, records of said County; AND EXCEPT County Road known as Fairmont Road.